Trial Court's Responsibility to Determine Specific Aggravating and Mitigating Circumstances Before Directing the Preparation Order
In Patterson v. State, 513 So. 2d 1257, 1261 (Fla. 1987), court specifically held that the trial judge improperly delegated to the state the responsibility of preparing the sentencing order because the judge did not independently determine the specific aggravating and mitigating circumstances that applied in the case before directing the preparation of the order.
The court further found that the trial judge's actions raised a serious question concerning the weighing process that must be conducted before imposing a death penalty. See id. at 1262.
Section 921.141, Florida Statutes (1985), required the trial judge to independently weigh the aggravating and mitigating circumstances to determine what penalty should be imposed upon the defendant.
This section also requires the trial judge to draft the order.